Human Rights In Australia

These include freedom of opinion, thought, association and freedom from arbitrary detention and are all about treating others fairly and being fairly treated yourself, and making genuine choices in daily life. Wilson says ‘Respect for human rights underpins the democratic processes of our society and is the cornerstone of a society that respects individuals and voluntary community collaboration’ (Tim Wilson, 2014). Despite this, the control the Australian Government exercised over its people in WWII encroached on all of these universally recognized human rights, and it was in 1948 after the atrocity of WWII that the Universal Declaration of Human Rights was internationalised.

After looking at other example of Bills of Rights around the world, with America having theirs for 224 years, Canada having implemented theirs for 30 years and the UK for 17 years, Australia needs to consider each nation’s Bill of Rights’ respective strengths and weaknesses when considering our own Bill of Rights in order for it to best suit the current and future society. Canada adopts something of the middle ground between the strongly entrenched rights in the United State’s constitution and the United Kingdom where the British parliament remains supreme with a weak level of right entrenchment, making it perfect for the situation in Australia.

Good afternoon, my name is Stephanie Jones and I am a currently a human rights lawyer. Human rights are the basic freedoms and protections that everyone is entitled to purely for simply just being a human being. Today I would like to use this opportunity to discuss with you the greatly debated issue of an Australian Bill of Rights. Australia currently does not have a Bill of Rights, but is the current legal system coping without one? The answer to that question in my opinion is no. Australia currently is not adequately protecting individual human rights without having a Bill of Rights. While many people would argue that yes, Australia protects individual rights well enough as it is, just as many people passionately argue that Australia does indeed need a Bill of Rights for a variety of reasons which will be talked about in greater depth later on. In my talk with you today, I would like to discuss with you all what exactly a Bill of Rights is and what it aims to achieve, how a Bill of Rights has worked in other countries and some of the more popular arguments for and against having one.

Human rights violations occur all around the world whether it's the genocide of millions because of beliefs or if it’s the fact that people are left with restrictions that others are not affected by, similar to the segregation that previously existed in the United States . One violation of human rights that occurred in Australia that has caused controversy was the sterilization of disabled women in Australia. This sterilization caused an uproar because of the violation of a woman’s right to produce offspring, regardless of her mental status. This forced sterilization on the mentally disabled women of Australia became a situation in which the UN became involved because of the violation of human rights. Globally, it it considered inhumane to

Currently, human rights in Australia are protected in different ways. Unlike most other similar liberal democracies, Australia has no Bill of Rights to protect human rights in one single document. Instead, some rights can be found in the Constitution, our common law and legislation which includes acts passed by the Commonwealth Parliament or State or Territory Parliaments.

Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a

In 1967, a landmark event occurred for the Indigenous Community of Australia. They were no longer declared Flora and Fauna This means that Aboriginal people would be considered a part of the landscape and not humans in their own right.. In 1967, a Referendum was held by all members of Australian society voting on the issue of allowing Indigenous Australian to be a part of the census and thereby able to vote and be counted as part of Australia’s population. This achieved not only citizenship for Aboriginal people, but put the issue of Indigenous Rights on both the political and social platforms. This essay will look at the lead up to the Referendum, how Aborigines and their supporters communicated their belief in their rights to the

Despite the international prominence of human rights laws, Australia remains the only Western democracy without either a constitutionally entrenched or legislative bill of rights. Human rights can be defined as inalienable rights and fundamental freedoms that all individuals are inherently entitled to. Although human rights are protected to an extent through domestic legislation, the common law, the doctrine of the separation of powers, the rule of law, the Australian

In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellation of his parole by the Adult Parole Board was not in breach of the Charter. Moreover, the conduct of Dianne and Cary is initially protected by the Charter however due to the limitations placed upon human rights it can be argued that Dianne and Cary’s conduct are indeed in breach. Additionally Victoria police in partner with AX6 are in breach of numerous rights set out in the Charter, which will be discussed in further detail.

In Australia, human rights are protected in various ways. Unlike similar democracies, for example New Zealand, Australia does not have a Bill that protects human rights in one single document. International laws also known as treaties or conventions, apply throughout the world. A treaty operates like a contract. So when a country becomes a party to a treaty, it is then legally required to act in accordance with the rules contained in that treaty.

Human rights have been a perpetual concern for the contemporary global society in terms of its meaning, and interpretation. The Universal Declaration of Human Rights (UDHR) define human rights as “inherent dignity and of the equal and inalienable rights of all members of the human family” . Governments have different forms to protect these human rights; United States of America, United Kingdom, Canada, New Zealand following many other countries obtain a form of Bill of Rights or charter of rights. Australia does not have said document. However, there are other forms of laws which protect human rights in Australia.

Australia is a Representative Democracy, which is an electoral system where the public gets to choose who represents them in both houses of parliament, the House of Representatives and the Senate. The people elect the candidates to which they would like to see who puts forward their interests and concerns. Those elected meet in parliament to discuss and make laws on behalf of the whole community. A translation of democracy means ‘the power of the people’ which comes from an ancient Greek and philosophical term. As a democracy, Australia has their own values and principles that are protected by the constitution and the law.

In addition to National and State laws Australia is a founding member of the United Nations and a party to major Human Rights Treaties. The right to vote without discrimination, is set out in the International Covenant on Civic and Political Right (article 25) and the International Covenant on the Elimination of Racial Discrimination (article 5). Both these treaties bind the Australian Government. The right to vote is also set out in the Universal Declaration of Human Rights (article 21) which Australia signed in 1948. There is debate whether Australia’s current approach to deny prisoners the right to vote where they have been sentenced to imprisonment for more than three years satisfies its treaty obligations. The Australian Human Rights Commission holds this view.

Human rights are universal rights that we are entitled to. It is a freedom that is guaranteed based on the principle of respect for an individual. As mentioned in the preamble of the Universal Declaration of Human Rights, human rights are a “recognition of the inherent dignity and of the equal and inalienable rights of all member of the human family is the foundation of freedom, justice, and peace in the world” (Kent, page 80). When asked what our rights are, we tend to get different answers and meanings. Some people recite the rights that they know; but let’s face it, not everyone knows all of the rights that they truly have. The rights we have consist of many things such as the right of having an adequate food supply. The right to

From the past, education has always been seen as a crucial aspect of our lives. In 1968, Durkheim stated that ‘society can survive only if there exists among its members a sufficient degree of homogeneity; education perpetuates and reinforces this homogeneity by fixing in the child, from the beginning, the essential similarities that collective life demands.’ Education has become even more indispensable as more instruments start to recognise the right to education. For instance, Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR) and Article 28(1) of the UN Convention on the Rights of the Child. This essay will assess the effect of the Human Rights Act 1998 (HRA 1998) in protecting the right to education in England. It is noted that the HRA 1998 provide a relatively limited protection as compared to the rest of the instruments. But looking in light of the proposed reform on HRA 1998, the current protection provided by the HRA 1998 has undeniably secured certain protections toward the children’s educational rights. Firstly, this essay looks into the scope of protections that are provided by the HRA 1998. Secondly, the effectiveness of A2P1. Thirdly, the influence of other conventions with regards to the right to education. Lastly, the essay will conclude by looking at the future reform of the HRA 1998.